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(영문) 수원지방법원 성남지원 2017.11.29 2017고단2968

석유및석유대체연료사업법위반

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

No. 1 to 26 of the seized evidence shall be confiscated from the accused.

Reasons

Punishment of the crime

The Defendant, while carrying a circuit board (hereinafter referred to as “the foregoing device”) to inject one’s B car with oil less than 10% of the total quantity of oil, was able to install the above device in collusion with petroleum distributors.

The Defendant, in collusion with C, who is a petroleum dealer, installed a business facility for the purpose of selling less than the fixed quantity by installing the equipment in the same manner 13 times from around September 2014 to February 4, 2017, in collusion with C, by receiving KRW 2 million from the above C, and installing the equipment on the mobile stop vehicle for the E-type vehicle for the purpose of selling less than the fixed quantity from around September 2014 to around October 10.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol of interrogation of each police officer in relation to F, G, H, C, I, J, K, L, M, N,O, P, and Q;

1. Protocols of seizure (voluntary submission) and lists of seized articles, and site photographs of seized articles;

1. Investigation report (the result of measurement below the fixed quantity), on-site photographs, and closure of the contents of mobile phone text messages;

1. Application of Acts and subordinate statutes to each field photograph, each vehicle photograph, each sales account book, each transaction statement, each transaction statement, and each tax invoice;

1. Article 46 Subparag. 10 of the Act on the Punishment of Crimes and Article 46 of the Act on the Selection of Petroleum and Petroleum Substitute Fuel Business; Article 39 Subparag. 4 of the same Act; Article 30 of the Criminal Act

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Prosecutor’s opinion - One year of imprisonment;

2. Determination of sentence - Determination of sentence - The sentence is inevitable in view of the following: (a) the Defendant produced and supplied the device in itself for a long period of time; (b) the sales of the equipment by the supplied persons; and (c) the fact that there are many victims known to reduce the net quantity, thereby undermining the trust of our society.

A favorable circumstance is that the defendant is led to the detection and punishment of the supplied person by actively cooperating with the investigation.